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Brown v Target Kennel Supplies Ltd (Redundancy Pay/Unlawful Deductions) [2002] NIIT 3942_01 (12 August 2002)

THE INDUSTRIAL TRIBUNALS

CASE REF: 3942/01

APPLICANT: Dorothy Brown

RESPONDENT: Target Kennel Supplies Limited

DECISION

The unanimous decision of the Industrial Tribunal is that:-

(i) the applicant is entitled to a redundancy payment from the respondent company calculated on the basis of the information set out at paragraph 4 below;

(ii) the respondent company pay to the applicant the sum of £513 in respect of unauthorised deductions from her wages.

Appearances:

The applicant appeared in person.

The respondent company did not enter an appearance and was not represented at the hearing.

1. These reasons are given in summary form.
2. (i) At the commencement of the proceedings, following evidence from the applicant, the title of the respondent was amended to that now shown, to make it clear that the respondent was a limited liability company. The applicant consented to the amendment.

(ii) The Tribunal found the applicant to be an honest witness. It finds the facts set out in the following paragraphs proved to its satisfaction on the balance of probabilities.

3. (i) The applicant worked for the respondent company, as a sales representative selling pet food from 1 May 1998 until 17 August 2001. She was made redundant on that latter date. She was told the company had been making a loss and was closing down.

(ii) She did not receive a redundancy payment, or notice pay. She was told the company could not afford to pay her, but there was no denial of her entitlement.

4. The applicant, on the termination of her employment, had three years complete service with the company, and was aged 53. Her pay was £196 per week gross (£171 net).

The appropriate multiplier for calculating her redundancy payment is 4½.

We therefore calculate her entitlement as £196 x 4½ = £882.

5. The applicant, by virtue of her service, is entitled to three weeks' notice pay at £171, amounting in total to £513, and the Tribunal also orders that the respondent company do pay to the applicant that said amount.
6. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 12 August 2002 at Belfast

Date decision recorded in register and issued to parties: